S.I. No. 203/1991 - Health Services Regulations, 1991.

S.I. No. 203 of 1991.

HEALTH SERVICES REGULATIONS, 1991.

The Minister for Health in exercise of the powers conferred on him by Section 5 of the Health Act, 1947 (No. 28 of 1947) and Sections 59 and 72 of the Health Act, 1970 (No. 1 of 1970) hereby makes the following Regulations:

1. These Regulations may be cited as the Health Services Regulations, 1991.

2. These Regulations shall come into operation on the 1st day of August, 1991.

3. There shall be substituted for article 6 of the Health Services Regulations, 1972 ( S.I. No. 88 of 1972 ) the following article:

"6. (1) Where the cost of a person being supplied in respect of the period and the amount determined by subarticle (2) with drugs, medicines and medical and surgical appliances for use in that period exceeds £90, the amount met by the health board shall be the amount by which the cost exceeds £90.

(2) (i) In respect of the period from 1st August to 30th September, 1991 the period determined for the purposes of Section 59 (2) of the Act shall be the period commencing on the 1st day of August and ending on the last day of September and the amount determined for the purposes of that sub-section shall be £60.

(ii) On and from the 1st day of October, 1991, the period determined for the purposes of Section 59 (2) of the Act shall be a three month period commencing on the 1st January, 1st April, 1st July, 1st October of each year and the amount determined for the purposes of that sub-section shall be £90.

(3) Notwithstanding sub-articles (1) and (2) of this article:

(i) Where a person is certified by their general practitioner or hospital consultant and approved by the health board as having a long-term medical condition requiring regular and continuous prescribed drugs, medicines and medical and surgical appliances in excess of £32 per month and where the cost of that person being supplied with such drugs, medicines and medical and surgical appliances for use in respect of the period and the amount determined in paragraph (ii) of this sub-article exceeds £32, the amount met by the health board shall be the amount by which the cost exceeds £32.

(ii) The period determined for the purposes of this sub-article shall be the period commencing on the first day of any month and ending on the last day of that month and the amount determined for the purposes of this sub-article shall be £32.

(4) Any function relating to a health board as respects an arrangement under this article shall be a function of the Chief Executive Officer of the Health Board."

4. The Health Service Regulations, 1983 ( S.I. No. 54 of 1983 ), the Health Service Regulations, 1983 ( S.I. No. 389 of 1983 ) and the Health Service Regulations, 1990 ( S.I. No. 334 of 1990 ) are hereby revoked.

GIVEN under the Official Seal of the Minister for Health, this 26th

day of July, 1991.

RORY O'HANLON,

Minister for Health.

The Minister for Finance consents to these Regulations.

Dated this 26th day of July, 1991.

ALBERT REYNOLDS,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations replace article 6 of the Health Services Regulations, 1972 and revoke the Health Services Regulations, 1983, and the Health Services Regulations, 1990.

With regard to expenditure incurred after 1st August, 1991, on prescribed drugs, medicines and medical and surgical appliances, the Regulations provide for the refund of the amount by which such expenditure exceeds £90 in respect of a three month period.

These regulations also provide for the refund to persons who are certified as being on long term prescription medication of any expenditure on such medication in excess of £32 in any month.